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Home My WebLink About01-4953FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GREENPOINT MORTGAGE FUNDiNG, iNC. 2300 BROOKSTONE CENTER PARKWAY COLUMBUS, GA 31904 Plaintiff ATTORNEY FOR PLAiNTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OI - .q9 KC CUMBERLAND COUNTY THOMAS G. PAINTER CATHY D. PAiNTER 555 LEXiNGTON AVENUE MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0100292143 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is GREENPOINT MORTGAGE FUNDING, INC. 2300 BROOKSTONE CENTER PARKWAY COLUMBUS, GA 31904 The name(s) and last known address(es) of the Defendant(s) are: THOMAS G. PAINTER CATHY D. PAINTER 555 LEXINGTON AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/25/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTII~F which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1594, Page 476. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/12/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 3/12/01 through 7/12/01 (Per Diem $25.01) Attorney's Fees Cumulative Late Charges 1/25/00 to 7/12/01 Cost of Suit and Title Search Subtotal $68,896.93 3,076.23 3,444.00 131.38 550.00 $76,098.54 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $76,098.54 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $76,098.54, together with interest from 7/12/01 at the rate of $25.01 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE TO: Thomas G. Painter 555 Lexington Avenue Mechanicsburg, PA 17055 Cathy D. Painter 555 Lexington Avenue Mechanicsburg, PA 17055 Thomas G. Painter PO Box 132 Mechanicsburg, PA 17055 Cathy D. Painter PO Box 132 Mechanicsburg, PA 17055 THIS FIIhM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pa~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAN1 (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice v~ith you when you meet the Counsel ng Agency. The name, address and phone number of Consumer Cred t Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons w th mpaired hearing can call (717) 780-1869). This Notice contains important legal inlbnnation. If you have any questions, representatives at the Consumer Credit Connseling Agency may be able to help explain it. You may also want to contact an attorney m your area. The local bar association may bc able to help you find a lawyer. LA NOTIFICACION EN ADJE~'NTO ES DE SUMA IMPORTANCIA. PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA L~NA T~ADUCCiON INMEDITAMENTE LLAMANDO ESTA AGFNCI \ IPENNSYL\ ANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADOARRIBA PLEDESSERELEG1BLEPARA. UNPRESTAMOPORELPROGRAMA LLAMADO "HOMFOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGILAM" EL CUAL PI_EDESALVARS[ CASA DE LAFERDIDA DELDERECHOAREDIMARSU HIPOTECA. EXHIBIT A STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Thomas G. Painter and Cathy D. Painter PROPERTY ADDRESS: 555 Lexington Avenue - Mechaniesburg, PA 17055 LOAN ACCT. NO.: 0100292143 ORIGINAL LENDER: Greenpoint Mortgage Funding, Inc. CURRENT LENDER/SERVICER: Greenpoint Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · 1F YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling a~encies listed at the end of this notice the lender may NOT take action against you for thirty three(33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the properl~ is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fi'om the Homeowner's Emergency Mortgage Assistauce Program. To do so, you must fill out, sign and file a completed Homeov~naer's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency Your application MUST be filed or postmarked within thirty three (33) days of your face-to-lhce meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TItE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE ~,VILL BE DENIED. AGENC5 A('I-ION Axailablc Ii. rods lOl emergency mortgage assislance are very limited, q'b% xxill be disbursed by the Agency under d~e eligibility criteria established bi. the Act. The Pennsylvania Housing Fmance.\gcncyhassixtyiO0>d%stomakeadecisionaflcrit~ece~xessmlrapplicatit/n Duling that time, EXHIBIT A no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: 1F YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 555 Lexington Avenue - Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 4/12/01 thru 7/12/01 at $750.32 per month. Monthly Payments Plus Late Charges Accrued $3,171.18 NSF: $0.00 Inspections: $0.00 Other: $0.00 (Suspense): $0.00 Total amount to cure default $3,171.18 B. YOU HAVE FAILED TO TAKE THE FOLLOWiNG ACTIONS (Do not use if not applicable): N/A ttOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,171.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after ~ve receive your check, in which event we will inform you before depositing the check for collectiou. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: FEDERMAN AND PHELAN, One Penn Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103- 1814, attention: Reinstatement Department. You can cure any other default by taking the folloxving action within THIRTY THREE (33) DAYS of the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE(33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgaqe debt. The means that the entire outstanding balance of this debt xvill be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. [f fulI payment of the total amount past due is not made withio THIRTY THREE (33) DAYS. the lender also intends to instruct its attorney to sta~ Iegal action to lbteclosure upon your mortgage properw. IF TttE MCR I GAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay offthc mortgage debt. If thc lender re/~rs your case to its attonleys, but you cure the delinquency before ~he lender begins legal proceedings agamsl you. you will still be required to pay the reasonable attorney's l~.es tllat xvere actually incurred, up to $50.00 Hov~eve~, il'legal proceedings are started against you. you ~xill haxe It) pa3 all reasouable attorney's l~es actually incurred by the lender even if they exceed $5000. Aux attmn¢~.'s tees ~xill be added to the amount to the ]e. qldci, which may also inclode other reasonable costs Il x. ott CUle lbo delhuh x,, ithm tl~c I'I [IF, FY I'}IREE L-}.3 } DAY period, ;,ou xx ill not be required to [2U52 ~[19rny~ s tkes EXHIBIT A OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a SheriWs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you ~vait. You may find out at any time exactly what the required payment or action ~vill be by contacting the lender. HOW TO CONTACT THE LENDER: Anomey Representing Lender: FEDERMA~N AND PHELAN One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Ste.1400 Philadelphia, PA 19103-1814 (215)563-7000 Contact Person: Janette Mahoney, Reinstatement Dept. EFFECT OF SHERIFF'S SALE-You should realize that a SheriWs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the SheriWs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or~__X__may not (CHECK ONE) sell or transfer your home to a buyer or n'ansferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · 'FO ASSERT ANY OTftER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE I.ENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONStiMER CREDIT COUNSELING AGENCIES SERVING YOUR COIINTY IS ATTACHED EXHIBIT A If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty three (33) days from the date of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid. Likewise if requested within thirty three (33) days from the date of this letter, the firm will send you the name and address of the original creditor if different from above. Cc: Greenpoint Mortgage Arm: Angela Mixon Mailed by 1~ Class mail and by certified Mail No: Very truly yours, FEDERMAN AND PHELAN, LLP Account No.: 0100292143 7106 4575 1294 4768 2903 7106 4575 1294 4768 2910 7106 4575 1294 4768 2934 EXHIBIT A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/OO) CLINTON COUNTY Lycoming-Clinton Coun6~s Commi~ion for Community Action (STEP) 2138 Lincoln Street P.O. Box [328 Williamspo~ PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Nord~¢astrrn PA 201 Basin Street WilliamsporL PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922~9537 FAX (570) 821-1785 Commission on Economics Opport-,mity of Luzern¢ County 163 Amber Lane Wilk~-Barr¢, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665~Call Before Faxing) (570)45%4994 Hazcltown FAX (570) 455-5631 --(Call Be fore Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Ho0and Center Eric, PA 16503 (814) 453-5744 FAX (814) 5749 John F Kennedy Center, [nc. 2021 East 20n Sh-eet Eric, PA 16510 (814) 898-0400 FAX (814} 898-[243 CCCS of Western penmylvania, Inc. 2000 Lingl~stown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N 6a Street H~mSsburg PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Den7 S~-eet Harnsburg. PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of North~astern PA 1631SouthAthertm~St, Suit~ 100 Sta~Colleg¢, PA I6801 (814)238-3668 FAX(g14)238~669 COLUMBIA COUNTY 1400 Abing~n Exccutivc park Suitc 1 Clarks Summit, PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 CRAWFORD COUNTY CUMBERLAND COUNTY Greater Erie Community Action Commitlee Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, 601 indiana Avenue (412) 981-5310 Financi~ Couns¢tin$ Services of Frartklin 31West 3~ Street - Waynesboro, PA 17268 (717) 762-3285 Y~'CA of Ca~lisle 301 ~G" Street Ca~lisle, PA 17013 ~. (717) 243-3818 FAX (7175 731-9589 Adams County Housing Authority 139-[43 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 F,~X 334-8326 PENNSYLVANIA BULLETIn, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBIT A ALL THAT CERTAIN piece or parcel of land situate in Upper Allan Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right-of_way of Lexington Avenue, said point being on the dividing line between Lot NOS. 4-1 and 4-2 on the hereinafter mentioned Plan of thence along said dividing line North 33 degrees 29 minu~es 00 seconds West two hundred ninety-nine and ten one-hundredths (299.10) feet to a point; thence North 52 degrees 36 minu~es 30 seconds East eighty and nineteen one-hundredths (80.!9} feet a point, said point being on the dividing line between Lot No. 4-1 on the hereinafter mentioned Plan of LoTs and other lands now or late of John M. Knaub and Janet D. Knaub, his wife; thence continuing along said dividing line South 33 degrees 29 minutes 00 seconds East three hundred sixty-six and fif[y-six one- hundredths (366.56) feet to a concrete monument on the northern dedicated righT-of-way line of Lexington Avenue; thence along the northern dedicated right of way line or. Lexington Avenue on curve (62.00) feet, an arc length of ninety-seven and thirty-nine one- hundredths {97.39} fee~ ~o a Concrete monument; thence continuing along same North 56 degrees 31 minutes 00 seconds East twenty and zero one-hundredths (20.00) feet to a point on the dividing line b~tween Lot Nos. 4-1 and 4-~ on the h~reinafter mentioned Plan of ~ots, the place of ~EGINNING. BEING Lot No. 4-1 on the Plan of Lo~s preliminary-Final Plan of the Vineyards, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 63, Page 35. HAVING ERECTED THEREON a dwellin~ house being known and numbered as ~55 Lexington Avenue, Mechanicsburg, Pennsylvania. BgING the same property which Cindy Lee Arnold and William Jenkins Arnold, husband and wife, by ~heir deed dated October 17, 1997 and recorded October 24, 1997 in ~he Office of the Recorder of Deeds in and for Cumberland County in Deed Book 166, Page 619, granted and conveyed unto Cathy D. Miller, Grantor herein, ~he said Cathy D- Miller having intermarried with Thomas G. Painter and now being known as Cathy D. Painter. PREMISES: 555 LEXINGTON AVENUE VERIFICATION FRA. NK FEDEFL\,IAN. ESQUIRE hereby states 'chat he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and.or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and co~ect to the best of his knowledge. information and belief. Furthe,,-more. it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersibmed understands that this statement is made subject to the penalties of 15 Pa. C.S. Sec. 490-t relating to t'alsification to authorities. DATE: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GREENPOINT MORTGAGE FUNDING, INC. VS, THOMAS G. PAINTER CATHY D. PAINTER Plaintiff Defendant(s) Court of Common Pleas CUMBERLAND County No. 01-4953 PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE r AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2001-04953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING IN VS PAINTER THOMAS G ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PAINTER THOMAS G the DEFENDANT , at 1058:00 HOURS, on the 6th day of September, 2001 at 555 LEXINGTON AVE MECHANICSBURG, PA 17055 THOMAS PAINTER a true and attested copy of COMPLAINT by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.15 Affidavit .00 Surcharge 10.00 .00 35.15 Sworn and Subscribed to before me this ~ day of ~ ~ A.D. honotary So Answers: R. Thomas Kline 09/10/2001 FEDERMJ~N~ By: Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2001-04953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING IN VS PAINTER THOMAS G ET AL REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PAINTER CATHY D the DEFENDANT , at 1058:00 HOURS, at 555 LEXINGTON AVE MECHANICSBURG, PA 17055 THOMAS PAINTER, HUSBAND on the 6th day of September, 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3 ~ day of _ ,~Z~ J~/ A.D. ! ~rothonot ary So Answers: R. Thomas Kline 09/10/2001 FEDERMANBy: &~~ Deputy Sh~eriff